Karnataka High Court
J Maheshgoud vs State Of Karnataka on 15 June, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.4563/2017
BETWEEN:
J Maheshgoud
S/o Javaregouda
Aged 29 years
Door No.122, Kanakagiri
Suvej Forum Road
Mysore-570 002. ... Petitioner
(By Sri S T Bikkannavar, Adv.)
AND:
State of Karnataka
By Vidhyaranyapuram
Police Station-570 008.
(Represented by Learned
High Court Govt. Pleader) ... Respondent
(By Sri S Rachaiah, HCGP)
This Criminal Petition is filed under Section 482 of the
Cr.P.C. praying to set aside the impugned order of allowing
the applications of prosecution filed under Sections 91 and
311 of CR.P.C. (Annexure-A) dated 12.05.2017 in
S.C.No.176/2014 passed by the VI Addl. District and Spl.
Judge, Mysuru.
This Criminal Petition coming on for Admission this
day, the Court made the following:
2
ORDER
Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent - Vidhyaranyapura police.
2. The VI Additional District and Special Judge at Mysuru in S.C.No.176/2014 has passed an order under Sections 91 and 311 Cr.P.C. filed by the prosecution seeking summoning of certain documents from PWs.3 and 8 who were examined before the Court.
3. The learned counsel strenuously contends that the application filed under Section 91 Cr.P.C. calling upon certain documents like birth certificate as well as school certificate from PW.3 does not arise for consideration because of the simple reason that she cannot be the custodian of the original birth certificate as well as school certificates. If at all the prosecution wants those documents, proper approach has to be made to secure the documents from the competent authorities. Therefore the order passed 3 by the trial court directing PW.3 to procure documents and lead evidence is not proper. However, learned counsel for the petitioner has no objection so far as second part of the order is concerned wherein the trial court has directed PW.8 who is the Principal of St. Thomas High School, Vishveshwaranagar, Mysuru to produce the application filed by the parents of the student Kum. Aishwarya in the year 2012-13 while admitting the said girl to 8th standard of the said school and also the transfer certificate produced by the parents taken out from the previous school at the time of admitting the said girl to 8th standard.
4. In view of the above said submission, I do not find any strong reasons to interfere with the order passed by the learned Single Judge in ordering for production of the documents from PW.8. However, the order of the learned Sessions Judge in ordering PW.3 to produce the birth certificate and school certificate is not proper and correct. Therefore PW.8 is required to produce the documents sought 4 by the prosecution and if at all PW.8 produces any such documents as per the direction under Sections 91 of Cr.P.C., the prosecution is at liberty to examine PW.8 further. If PW.8 produces any documents before the court, there is no necessity to examine PW.3. In the above circumstances, I pass the following:
ORDER The petition is allowed in part. The order passed by the learned VI Additional District & Special Judge, Mysuru on the application filed under Section 91 of Cr.P.C. is partly set aside. A direction is issued to PW.3 to produce the birth certificate and school documents is not warranted. Hence the said direction is hereby set aside. However, the direction issued by the learned Sessions Judge to PW.8 for production of the application filed by the parents of Kum.Aishwarya in the year 2012-2013 while admitting that girl to 8th standard 5 in St. Thomas High School and also Transfer Certificate of the said girl, is hereby confirmed.
Sd/-
JUDGE RS/* CT:SG